Conclusions
and recommendations of the Committee on the Elimination of
Racial Discrimination,
New Zealand, U.N. Doc. A/50/18, paras. 399-459 (1995).

COMMITTEE ON THE
ELIMINATION
OF RACIAL DISCRIMINATION
Forty-seventh session

CONSIDERATION OF REPORTS
SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTIONConcluding observations of the Committee on theElimination of Racial Discrimination

New Zealand

399. The Committee
considered the tenth and eleventh periodic reports of New Zealand, submitted
in a single document (CERD/C/239/Add.3 and HRI/CORE/1/Add.33) at its 1106th
and 1107th meetings, held on 3 and 4 August 1995 (see CERD/C/SR.1106 and
1107).

400. The representative
of the State party made an introductory statement highlighting the main
points contained in the reports. Major legislative changes mentioned included
the adoption of the New Zealand Bill of Rights Act 1990, the Treaty of Waitangi
(Fisheries Settlement) Act 1992, the Te Ture Whenua Maori (Maori Land) Act
1993, the Human Rights Act 1993 and the Electoral Act 1993. Other developments
included the restructuring of Maori affairs administration, through the
establishment of the Ministry of Maori Development, Te Puni Kokiri, in 1991.
The representative explained that the focus of that Ministry was to develop
an environment of opportunity and choice for the Maori by improving Maori
performance in areas of education, employment, business development and
health. The initiatives taken to strengthen the Ministry of Pacific and
Island Affairs and to establish the Ethnic Affairs Service within the Ministry
of Internal Affairs were also mentioned. In addition, the representative
informed the Committee of the revision of New Zealand's immigration and
refugee policy which allowed entry to New Zealand of migrants from non-traditional
sources.

401. As regards
the developments which had taken place since the preparation of the reports,
the representative stated that a key area of government attention continued
to be the promotion of the settlement of historical Maori grievances and
claims under the Treaty of Waitangi. This had led to the appointment of
a Minister of Treaty of Waitangi Negotiations and the setting up of an Office
of Treaty Settlements. The main responsibilities of that Office were outlined.
Basically, they were concerned with the development of policies for the
Crown with regard to the settlement of Treaty claims and assisting the Minister
in negotiating and implementing the settlement of those claims. Additionally,
the representative informed the Committee about the Government's proposed
policies to settle Treaty of Waitangi-based land claims through the allocation
of $NZ 1 billion which has become known as the "Settlement Envelope"
or "Fiscal Envelope". It was explained that while claimants do
not have to agree to the specific amount contained in that "Envelope",
as a precondition for negotiation, the setting of an amount would be beneficial
for the assessment of the fairness of claimants' settlements. The representative
stated that the process of consultation with Maori had revealed a widespread
concern about the proposals in their current form.

402. Further information
on the settlement of claims either through direct negotiation with the Crown
or through the Waitangi Tribunal process was provided by the representative
of the State party. In this connection, mention was made of the settlement
of a historic grievance with the Waikato-Tainui tribe and that 460 claims
were registered with the Waitangi Tribunal of which 10 were under active
consideration. Moreover, it was indicated that solutions for resolving land
grievances were also available through the Maori reserved land lease reform
and by Order in Council.

403. Additionally,
the representative of the State party provided details of several administrative
and policy measures taken to address Maori concerns, including in the areas
of education, employment, health and social welfare. In this regard, it
was indicated, inter alia, that since 1993 there had been an expansion
of Maori education initiatives particularly with respect to early childhood
and bilingual education. Despite the successes evidenced in the last 10
years on account of the increase in Maori enrolment in childhood education
and tertiary education and the advances made in school retention rates,
it was explained that improvements had also been witnessed for non-Maori
students and so a sizeable gap between the two groups remained.

404. Information
was also provided on the changes occurring in the immigration population
in view of the growing number of recently accepted immigrants coming from
countries in the Asian region. Details were also given of the quota permitting
the entry of refugees under New Zealand's immigration policy. Additionally,
a brief description of recent events in Tokelau was provided with respect
to Tokelau's consideration of constitutional changes and of an act of self-determination.

405. By way of
conclusion, the representative stated that the period under review had been
characterized by significant developments particularly with respect to the
development of a dialogue and of consultation with the Maori and to promote
the economic and social advancement of all groups within the society.

406. The members
of the Committee expressed their appreciation to the State party for its
comprehensive, detailed and honest report as well as for its informative
and frank introductory statement. They noted with satisfaction the seriousness
with which New Zealand fulfilled its reporting obligations, particularly
as the State party had made considerable efforts in responding to requests
for information made during the previous dialogue with the Committee. It
was also noted that the Government had undertaken various measures with
respect to the implementation of the provisions under the Convention, particularly
in light of its recognition of the need to address the disparities existing
between different ethnic groups in the country with respect to educational,
health and other matters. Moreover, the members of the Committee noted New
Zealand's efforts in the past to prepare Niue and the Cook Islands for self-government
and its efforts to assist in introducing constitutional change in Tokelau
as well as its commitment to continuing to provide assistance to those countries
in the future which had chosen free association with New Zealand.

407. With reference
to article 2 of the Convention, members of the Committee noted that a plethora
of human rights mechanisms existed in New Zealand and in this connection
they wished to know how the State party ensured that the problems of duplication
of work and overlapping of mandates did not arise. They also wished to receive
further details of the provisions of the new Human Rights Act 1993 with
respect to the implementation of the rights provided for in the Convention.

408. Clarification
was requested as regards the status of the Treaty of Waitangi and whether
it had validity under international law. Further information was also requested
with respect to the activities of the Waitangi Tribunal, its composition
and whether its recommendations were implemented. In addition, information
was requested as regards the concerns raised by Maori with respect to the
settlement of claims, the basis of arriving at the amount of money contained
in the "Fiscal Envelope" and whether that figure was negotiable.
Clarification was also requested as regards the effect of the "Fiscal
Envelope" on the economic situation of Maori.

409. Questions
were raised by members of the Committee about the nature of the concerns
expressed by Maori over the adoption of the Treaty of Waitangi (Fisheries
Settlement) Act 1992 and with regard to the results of the court proceedings
instituted against the Crown over the settlement as well as the means employed
for the identification of those claiming settlement under the Treaty. In
addition, members of the Committee expressed interest in receiving further
information about the communication before the Human Rights Committee in
relation to the Treaty of Waitangi (Fisheries Settlement) Act 1992.

410. Members of
the Committee requested clarification as to the effect of the Waitangi Tribunal
Amendment Act 1993 with respect to the Crown's return to Maori of private
land for the settlement of claims. In this regard, the Committee noted that
from information contained in the State party report it appeared that the
Maori's share of the land was not commensurate with the size of its population
and that much of the land was owned by the Crown or in private, non-Maori
hands. The Committee observed that the Treaty of Waitangi Amendment Act
was an area of concern in so far as it appeared to discount claims to land
that had been confiscated by private parties, possibly by unlawful seizure
in a previous period.

411. Members of
the Committee wished to know more about the provisions and implementation
of the Te Ture Whenua Maori (Maori Land) Act 1993, especially with respect
to those provisions of the Act requiring the strict application of rules
for the transfer of ownership of Maori land.

412. With respect
to article 4 of the Convention, members of the Committee emphasized the
importance of the provisions of part (b) of that article, particularly as
a means to prevent racial discrimination.

413. In connection
with article 5 of the Convention, members requested further information
on the impact of economic restructuring on the situation of different population
groups, particularly with respect to housing and employment conditions and
the development of Maori education. Members of the Committee also wished
to know more about the electoral reform and its effect on Maori representation
in Parliament as well as about the new immigration policy instituted in
New Zealand and its possible impact on racial harmony.

414. Concerning
article 6 of the Convention, members wished to know more about the number
of complaints and whether there had been a noticeable improvement in the
protection of the rights provided for in the Convention since the adoption
of the New Human Rights Act. Further information was requested on the racial
discrimination complaints procedures and the personal grievance procedures
under the Employment Contracts Act.

415. In relation
to article 7 of the Convention, members of the Committee requested information
concerning the investigation of reported cases of ill-treatment in prisons
and of the measures taken to address such situations, including the setting
up of an independent prison complaints authority and the introduction of
human rights education for prison staff. They also asked for more information
about the proportion of offences committed by Maori and whether appropriate
psychological counselling was available to Maori in prison.

416. With respect
to article 14 of the Convention, members of the Committee expressed the
hope that New Zealand would consider making the declaration under this article
so that grievances relating to racial discrimination could be brought to
the Committee.

417. In reply to
the questions raised in relation to article 2 of the Convention, the representative
agreed that there were a variety of organizations responsible for the promotion
and protection of human rights, including the Human Rights Commission, the
Office of the Race Relations Conciliator, the Office of the Privacy Commissioner,
the Children's Commissioner, the Ombudsman and the Retirement Commissioner.
There was not considered to be any overlapping or competition between the
different areas of responsibility of these mechanisms. However, he noted
that there could be initial confusion about the responsibilities of the
Race Relations Conciliator, the Waitangi Tribunal, Te Puri Kokiri and the
Human Rights Commission.

418. The representative
of the State party also stated that section 5 of the Human Rights Act had
enhanced the functions and powers of the Human Rights Commission and the
Race Relations Conciliator. In this case, the Race Relations Conciliator
had been given a wider jurisdiction to inquire into or make statements about
race matters that did not fall within the Conciliator's unlawful discrimination
jurisdiction. Section 73 of the 1993 Human Rights Act provided for affirmative
action policies consistent with article 2 of the Convention. Indirect discrimination
was covered by section 65 of the Human Rights Act, while sections 61 and
131 of the Act provided for penalties for racially offensive expressions.
In this regard, he explained that while section 61.2 of the Human Rights
Act provided a defence for a publisher or broadcaster if the report accurately
conveyed the intention of the publisher or broadcaster, there was no similar
defence under section 131 of the Act which carried a criminal penalty with
respect to the intent to excite hostility or ill-will or to bring into contempt
or ridicule.

419. Concerning
the status of the Treaty of Waitangi, the representative explained that
it had been recognized as a founding domestic constitutional document which
had been concluded between the British Sovereign and the Maori Chiefs of
New Zealand in 1840. There had never been a need for a judicial ruling on
the question of whether the Treaty of Waitangi had any validity under international
law. With respect to the Waitangi Tribunal it was indicated that it was
a quasi-judicial body which had statutory authority. The Tribunal was composed
of 16 members, 6 of whom were Maori. The Government maintained the ability
to accept or reject the Tribunal's recommendations. Those recommendations
may be made in general terms or may indicate in specific terms the action
which, in the opinion of the Tribunal, the Crown should take. It was further
explained that while not all recommendations made by the Tribunal were implemented,
the Government was committed to maintaining the reputation of the Tribunal
as an effective mechanism for solving Treaty grievances.

420. The Committee
was informed that the "Fiscal Envelope" was based on the notion
that redress might consist of assets, money and rights. The Government recognized
that monetary settlements were preferable since they enabled claimants to
repurchase lands or assets themselves. In that connection, the Government
had set up two different mechanisms. The first was the Crown protection
mechanism, under which surplus land belonging to the Crown was held pending
the settlement of claims and surplus land could be used in partial settlement
and second priority was given to claims submitted by persons residing in
"confiscated lands". It was further explained that the amount
of money offered in the "Fiscal Envelope" was arrived at following
a political decision and was not open to discussion. In arriving at that
sum the Government had carefully balanced the objective of providing durable
settlements and removing the claimants' sense of grievance concerning the
affordability of the sum and its acceptability to the wider community. The
representative also informed the Committee that while there was considerable
support among Maori for the settlement of Treaty claims, there was general
dissatisfaction within the Maori community over the progress of individual
Treaty claim settlement and that this had been exacerbated by Maori concern
about the sale of Crown-owned assets. In view of that concern, the Government
had recently decided to put a hold on sales of all surplus Crown land located
within the major areas in which land confiscation had occurred in the last
century. That decision had met with strong support by claimants who viewed
the Crown's action as a demonstration of its good faith and commitment to
settling land confiscation claims. As an example of the achievements possible
in the settlement of claims through the ongoing goodwill of both the Crown
and Maori, mention was made of the recent settlement of the Waikato-Tainui
land confiscation claim. Moreover, the representative informed the Committee
that the settlement of historical grievances would not abrogate government
policies to improve the social and economic position of the Maori. He clarified
the Government's position with respect to the fact that nothing in the settlements
would remove, restrict or replace Maori rights under article III of the
Treaty of Waitangi, including Maori access to mainstream government policies.

421. Replying to
the questions raised concerning the Treaty of Waitangi (Fisheries Settlement)
Act 1992, the representative explained that the reservations expressed by
Maori members of Parliament during the passage of the Act included concern
about the provisions of the Act that declared the Settlement to finally
settle all claims, both current and future, by Maori in respect of commercial
fishing. He further indicated that court proceedings were instituted by
representatives of ewi opposed to the settlement and its recognition in
legislation. Those proceedings were dismissed by the Court of Appeal in
Te Runanga o Wharekauri v. Attorney-General (1993) on the basis of the established
principle of non-interference by the courts in parliamentary proceedings.
It was further stated that many of the issues raised in opposition to the
settlement were incorporated into the communication lodged with the Human
Rights Committee under the Optional Protocol to the International Covenant
on Civil and Political Rights.

422. In reply to
a question on the role of the Waitangi Fisheries Commission in identifying
fisheries settlement beneficiaries, the representative pointed out that
settlements under the Waitangi Treaty were not negotiated directly with
the Maori population. The Crown needed assurance that the settlement was
being made with the right tribe or sub-tribe grouping so as to ensure a
final settlement and avoid further grievances. It was also important to
note that all persons entitled to benefits by virtue of their tribal membership
were identified and had the opportunity to participate in decisions affecting
the distribution of benefits.

423. Concerning
the Waitangi Tribunal Amendment Act 1993, the representative explained that
the amendment to section 6 of the Treaty of Waitangi Act 1975 arose following
the Te Rora report of April 1992 when a division of the Tribunal recommended
that the Crown purchase certain private lands involved in that claim. He
further stated that a fundamental principle of the Treaty claims settlement
process was that one injustice could not be addressed by creating another
and that a recommendation to the Crown to take certain action in relation
to privately owned land was not consistent with the Crown's duty to protect
private citizens' rights. Thus, the amendment was necessary to protect the
status of the Tribunal and its acceptance by the people of New Zealand as
a whole.

424. The representative
explained that under the provisions of the Te Ture Whenua Maori (Maori Land)
Act all land in New Zealand had been classified into a number of different
categories. In particular, the Act made an important distinction with regard
to the requirements for the alienation of Maori freehold land. He explained
that the rules regarding alienation of Maori land applied to the transfer
of land between Maori as well as to non-Maori and that the Act was designed
to promote the retention of Maori land in the hands of whanau and hapu descendants
of the person transferring the land. The general theme of the Act was the
retention of Maori land within the traditional descent group associated
with the relevant land. Thus, the Act was designed to address the concern
of Maori at the gradual loss of Maori freehold land and also to establish
structures for the more effective use, management and development of multiple-owned
Maori land.

425. With regard
to the concerns expressed that New Zealand's legislative provisions did
not fulfil the requirements of article 4 (b) of the Convention, the representative
explained that although the Human Rights Act did not prohibit the establishment
of racist organizations per se, its sections 61 and 63 made it unlawful
for any organization to publish or distribute racist material and to engage
in racial discrimination while its section 131 covered the offence of inciting
racial disharmony. Therefore, the extent to which organizations with racist
aims could promote them was clearly restricted.

426. With reference
to article 5 of the Convention, and in connection with the subject of economic
restructuring and its impact on employment and welfare, the representative
explained that the New Zealand Employment Service did not use ethnicity
as a criterion of eligibility for its services which were targeted at the
most disadvantaged groups, including the long-term unemployed. However,
as Maori and Pacific Islanders were substantially over-represented among
the latter group, they were in effect receiving targeted assistance. In
addition, there were two specific employment programmes for Maori and the
Government had allocated $NZ 2.4 million to the Ministry of Pacific Island
Affairs to deliver employment services. Moreover, in the context of the
Government's reconsideration of policies to counter the effects of restructuring
on vulnerable groups, changes had been introduced in December 1994 to increase
the level of payments to purchase food in cases of emergency and hardship,
to increase the level of grants for school uniforms and to provide grants
to meet costs associated with the transition from receipt of benefit to
resumption of employment. Further adjustments and supplementary benefits
which had been incorporated in the most recent budget were also outlined.

427. In reply to
questions raised in relation to education, the representative stated that
significant advances in the educational attainments of Maoris had been observed
in the last five years which provided grounds for optimism about the future
position of Maori in education. In addition, the positive outcomes expected
from Maori-medium education initiatives should in turn lead to more favourable
opportunities for Maori in the labour market. Moreover, the active promotion
of the Maori language as a national language of New Zealand had inspired
many New Zealanders to study it. A small number of non-Maori adults were
studying the language at tertiary institutions or in community education
or work-based programmes. Two Maori tertiary institutions already existed
and a third was expected to be functioning by the end of 1995.

428. As regards
the housing situation of Maori, the Committee was informed that 49 per cent
of Maori were accommodated in rental housing as compared with 24 per cent
of the New Zealand population as a whole. The 1992 census had showed that
renters tended to have lower incomes and to be young. There was also a strong
link to unemployment and a higher proportion of Maori were unemployed.

429. With regard
to the recently introduced electoral reform and its impact on Maori representation,
the representative explained that the number of guaranteed Maori seats in
Parliament under the new system had been increased from four to five and
that the number of Maori seats would rise or fall depending on the number
of Maori opting for enrolment in the Maori roll at the end of the Maori
option period. He indicated that the new mixed-member proportional system
also provided additional opportunities for Maori representation, where parties
felt compelled to select Maori candidates for both "list" and
"constituency" seats. Equally, the new system would provide an
opportunity for a party representing Maori interests to become established
and win list seats in its own right. Such opportunities, including for increased
representation, also applied to other ethnic groups.

430. With respect
to matters relating to immigration, the representative indicated that the
Government was aware that there were some Maori concerns about immigration
policies. Improvements were being made to the collection of data to ensure
the availability of more comprehensive information regarding the impact
of immigration and to facilitate an informed public dialogue. The Government
was confident that its immigration policy was consistent with its obligations
under the Treaty of Waitangi and that Maori opinion had been fully taken
into account when the new immigration policy had been developed. The criteria
for accepting immigrants were transparent and applied to all immigrants;
the points system had been designed to establish an objective measure of
the merits of all applicants.

431. In connection
with article 6 of the Convention, the representative informed the Committee
that anyone could lodge a complaint about alleged racial discrimination
against himself or herself. A complaint might also be made by one person
on behalf of another as long as he was a relative or associate of the complainant.
There was no specific provision in the Human Rights Act for complainants
representing group interests. Moreover, by amendment to section 39 of the
Employment Contracts Act, a complainant could choose the Act under which
he wished to pursue a complaint. However, a complaint could not be pursued
under both the Employment Contracts Act and the Human Rights Act. The personal
grievance procedure provided for under the Employment Contracts Act was
designed to encourage parties to resolve the complaint amongst themselves
and the burden of proof in such cases depended on the nature of the claim.
For example, in cases of discrimination, where there could be no justification
for an employer's conduct, it was the employee who must satisfy the Employment
Tribunal or Employment Court that discrimination had occurred.

432. Additionally,
the representative indicated that progress was also being made in the protection
and promotion of the rights of ethnic minorities, particularly those of
Maori and Pacific Island peoples, as well as in the recognition and prevention
of harassment, especially of a racial nature. Between 1 July 1994 and 30
June 1995 a total of 587 complaints had been received by the Race Relations
Office. Of those 40 per cent related to section 61 of the Human Rights Act.
In 1994/1995 there had been 94 mediated settlements. There had been one
prosecution by the police under section 25 of the Race Relations Act 1971
in December 1993. The police had decided in that case to prosecute under
the Race Relations Act in order to demonstrate that they were prepared to
take action on incitement to racial disharmony. The Department of Justice
took the view that the small number of prosecutions under what had become
section 131 of the Human Rights Act was partly due to the fact that the
police had other legislation under which they could deal with the relevant
criminal activities, for example criminal damage or offensive behaviour.

433. Concerning
article 7 of the Convention and matters raised with respect to the cases
of ill-treatment in prisons, the representative indicated that he would
provide information on the incidents at the Mount Crawford prison in the
future. However, with regard to the situation at the Mongora prison, he
reported that the Ministry of Justice had held an independent inquiry into
the management of the prison. A report had been published, containing 60
recommendations for action, some applying specifically to Mongora while
others were of relevance to the prison system as a whole. All the recommendations
contained in the report would be implemented by the end of 1995. In addition,
disciplinary procedures had been instituted against some prison officers
and 17 had been suspended. Inquiries into this incident continued to be
pursued by the New Zealand police.

434. Moreover,
the representative informed the Committee that while Maori constitute 10.6
per cent of the population aged 15 and over, Maori offenders accounted for
just under half (49 per cent) of the cases which resulted in imprisonment
in 1994. Thus, there had been little change in recent years with regard
to the proportion of offences committed by Maori. He also indicated that
although there was no specific focus in the provision of psychological services
in prison for the adjustment of Maori as compared to other inmates, the
Corrections Psychological Services Division was committed to enhancing its
services to Maori generally and had undertaken a number of initiatives to
that end. A brief description of those initiatives was provided.

435. Concerning
article 14 of the Convention, the Committee was informed that the Government
of New Zealand was not considering making a declaration under this article
especially as it had accepted a broadly based complaints procedure under
the Optional Protocol to the International Covenant on Civil and Political
Rights. Nor was it the intention of New Zealand to adhere to ILO Convention
No. 169. Consultations held in 1990 had revealed serious reservations about
its provisions and resistance to its ratification.

436. Furthermore,
the representative informed the Committee that he would submit written replies
to the questions on the Treaty of Waitangi Amendment Act and the question
relating to the determination of ethnic identity. In addition, he stated
that the Committee's comments with respect to articles 4 (b) and 14 had
been duly noted.

Concluding observations

437. At its 1123rd
meeting, held on 16 August 1995, the Committee adopted the following concluding
observations.

(a) Introduction

438. The comprehensive
and detailed report prepared by the State party, especially in responding
to requests for information raised during the Committee's previous dialogue
with New Zealand, is noted with appreciation. The highly informative introductory
statement, made by the State party representative, providing detailed coverage
of recent developments with regard to the implementation of the Convention
is welcomed. The open, constructive and detailed responses of the delegation
to the questions raised by the members of the Committee are also commended.
The opportunity to continue a constructive and fruitful dialogue with the
State party is particularly welcomed.

439. It is noted
that the State party has not made the declaration provided for in article
14, of the Convention, and some members requested that the possibility of
such a declaration be considered.

(b) Positive
factors

440. It is noted
that a number of legislative changes had been undertaken during the period
under review. Attention is drawn in particular to the adoption of the Human
Rights Act 1993 which amalgamated the Race Relations Act and the Human Rights
Commission Act.

441. During the
reporting period, it is observed that other developments which have taken
place include the establishment in 1991 of Te Puni Kokiri (the Ministry
of Maori Development) which replaced the IMI Transition Agency and the Ministry
of Maori Affairs; the strengthening of the Ministry of Pacific and Island
Affairs; the establishment of the Ethnic Affairs Service within the Ministry
of Internal Affairs; and the establishment of the Ministry of Cultural Affairs.

442. It is noted
with satisfaction that New Zealand has decided to mark the first year of
the International Decade of the World's Indigenous People by designating
1995 as the Year of the Maori language. The aim of the year being to encourage
Maori and other groups and individuals to make an active commitment to learning
and promoting the Maori language.

443. The introduction
of new targeted policies and programmes in the fields of education, health,
employment and social welfare to address the specific needs of Maori and
ethnic minorities is welcomed.

444. In this regard,
the Government's stated commitment to continue providing support for the
improvement of education results for Maori is acknowledged. The intention
of the Government to develop policy to address disparities in the areas
of secondary school retention, school truancy, achievement and attainment,
participation in core subject areas and progression to further education
and training is welcomed.

445. The efforts
undertaken by the State party to address the high infant mortality rate
in the Maori population are also welcomed. Equally, the adoption of strategies
by the Government to enable Maori and Pacific Island people to develop and
deliver appropriate social services using traditional cultural approaches
is appreciated.

446. It is noted
with satisfaction that a Prime Ministerial Taskforce on Employment was established
in 1994 and that a multiparty memorandum of understanding was issued in
June 1995 in response to the findings of the Taskforce's report. In this
connection, it is noted that a number of programmes have recently been initiated
to address the needs of unemployed Maori and a number of recommendations
have been made regarding the employment issues affecting Pacific Island
people.

447. Note is also
taken of the Race Relation Office's recently completed research project
undertaken on the subject of positive race relations in the country and
the survey conducted to help identify the victims of racially motivated
crime.

448. Tokelau's
pursuance of the path towards self-government, with the possibility of adopting
the status of free association with New Zealand, is noted.

449. Satisfaction
is expressed at the practice instituted in the State party of publicizing
the presentation of human rights reports. It was further noted that the
publications produced contain the report, opening statement, the questions
raised and answers provided as well as the concluding observations of the
Committee and are widely distributed throughout the country.

(c) Principal
subjects of concern

450. The Government
acknowledges that there remains widespread concern among the Maori about
the present proposals, especially the so-called "fiscal envelope"
designed to settle Maori grievances and claims under the Treaty of Waitangi.
The Maori concern also extends to the issue of the compatibility of these
proposals with the terms of the Treaty. Concern is expressed that this problem
remains unsettled.

451. Similar concerns
are raised regarding the probable effects of the new immigration policy
on racial harmony and the implementation of the Treaty of Waitangi (Fisheries
Settlement Act) 1992.

452. While the
policy and special programmes to improve the situation of the Maori, Pacific
Island and other ethnic minorities are commended, the existing social and
economic disparities between the Maori and Pacific Islanders on the one
hand and the Pakeha in New Zealand continue to be a matter of concern.

453. Concern is
also expressed about the adequacy of the measures to implement article 4
(b) of the Convention.

(d) Suggestions
and recommendations

454. The Committee
wishes to receive further information on the proposal of the Government
to implement changes to the Immigration Service's data collection and evaluation
systems, and to make available more comprehensive information on the impacts
of immigration and the situation of immigrants so as to further facilitate
informed public dialogue with respect to New Zealand's immigration policies.

455. In view of
the Government's declared commitment to address what are openly acknowledged
to be difficult and challenging historic and contemporary issues, the Committee
recommends that the State party continue to accord careful consideration
to the concerns expressed about proposals to settle Maori grievances and
land claims, including their compatibility with respect to the provisions
of the Treaty of Waitangi.

456. The Committee
wishes to receive further information in the next report of the State party
on the implementation of the Treaty of Waitangi (Fisheries Settlement) Act
1992, the Te Ture Whenua Maori (Maori Land) Act 1993 and the Electoral Act
1993.

457. It is suggested
that the Government consider undertaking further measures with respect to
the implementation of article 4 (b) of the Convention which requires States
parties to declare illegal and prohibit organizations which promote and
incite racial discrimination.

458. In line with
the usual practice of the State party, the Committee recommends that the
report, the discussion with, and the concluding observations adopted by,
the Committee be widely publicized in New Zealand.

459. The Committee
recommends that the State party's twelfth periodic report, due on 22 December
1995, be a brief updating report.